This book is concerned with the contrast between indigenous claims based on pre-contract rights to land, resources and, crucially, self-government, and the sovereign prerogatives claimed by liberal-democratic settler states. It is based on a number of key events in the political struggles of indigenous minorities in Australia, Canada, New Zealand and the United States and is written to appeal to lawyers and jurists, particularly those working in Native Title law, philosophers, culture theorists and critical legal theorists.
Liberal democracies are predicated on popular sovereignty - the ideal of government for and by the People. Throughout the developed world indigenous peoples continue to deny legitimacy to otherwise popular governments because their consent has never been sought. Using examples from Australia, New Zealand, Canada and the USA, this book tackles the problem of democratic legitimation from the perspective of indigenous peoples, arguing that having suffered conquest, these people cannot be said to consent until conditions for their consent have been realised. These conditions include constitutional change that recognizes indigenous law as the ''law of the land'' - a radical proposal going far beyond the current limits of self-determination.
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